you can trap the other side when you have your facts lined up
Kingsman Funding
When you have the other side caught in a contradiction you need to make the most of it in the most dramatic way. A deposition where the judge is not there to stop them answering the questions is best.
Below are questions from such a situation from several years ago set up by their own contradictions. You should be looking in your own case for such things to make use of it:
Now the complaint filed January 21, 2010 states in Count II number 30:
Plaintiff is an interested party in that it is the current owner was in possession, and was
entitled to enforce said Note and Mortgage ….”
Plaintiff made supplemental responses to request for admissions August 1, 2012. In this request they were asked:
Pursuant to the RECOMMENDED ORDER OF MAGISTRATE issued on 2/17/12 without prejudice permitting Stewart the ability to serve a request for production that seeks relevant and discoverable documents;
And in light of the fact Affiant affirms in her AFFIDAVIT OF DISCOVERY OF SECURITIZATION OF LOAN herein attached, documents and information have come to her that her loan has been securitized and indicating that First Horizon ABS Trust HELOC 2007-HE1 is the asset trust her loan is in;
They were asked:
1. Please admit First Horizon ABS Trust HELOC 2007-HE1 is the owner and actual legal holder of Defendant’s loan instruments.
This was Denied in their response.
We said:
2. If this fact is denied, please produce any documents factually refuting the facts cited in the above referenced affidavit of Defendant that First Horizon ABS Trust HELOC 2007-HE1 is the owner and actual legal holder of Defendant’s loan instruments and establishing that Plaintiff is the legal, beneficial, or equitable owner of the Note and Mortgage that is the subject of this foreclosure action and which establish it was such on November 20, 2009.
They simply provided
A copy of the merger documents, Note, Allonge, and Mortgage.
This was plaintiff saying August 1, 2012 and referencing back to the beginning of the case November 20, 2009 when asked to admit or deny First Horizon ABS Trust HELOC 2007-HE1 trust was the legal, beneficial, or equitable owner of the Note and Mortgage through this entire time they denied it didn’t they?
M____, I received only a few days ago April 18, 2014 a letter from First Horizon Bank stating:
“On June 1, 2013, the ownership of your mortgage loan referenced above was transferred from First Horizon ABS Trust 2007- HE1 former Owner”) to First Tennessee Bank National Association (‘First Tennessee’……Do you see that there M____?
This is a letter from First Tennessee Bank, the Plaintiff, finally telling me now April 18, 2014 that prior to June 1, 2013 First Horizon ABS Trust 2007- HE1 was the owner of the loan isn’t it?
Mr____, is the Plaintiff lying now in this letter or were they lying in the suit when they said:
The Plaintiff is the present owner of the Promissory Note and Mortgage.”?
You would have to acknowledge at one time or the other they were not telling the truth as to who really owned the loan then Aug 1, 2012 and on November 20, 2009 when the suit began, or when they sent me this letter wouldn’t you Mr____?
The truth is Plaintiff does not know who really owns the loan now do they Mr____?
Well how do you explain these contradictions at different times?
[[ review the whole thing to that point]]….and then ask:
If they really know who owns the loan how do you explain these contradictions?
But the letter goes on:
“ The transfer of ownership of your mortgage loan is or may be recorded in the office of public land records or the recorder of deeds office for the county or local jurisdiction where the property is located.”
That transfer to the Plaintiff was supposedly June 1, 2013. But are you aware no such assignment of interests from First Horizon ABS Trust 2007- HE1to the Plaintiff is found there yet?
And are you aware no such assignment of interests to First Horizon ABS Trust 2007- HE1, which would have occurred or should have occurred sometime in 2007 is found there either?
Doesn’t Florida require assignment of mortgage be recorded before an assignee can enforce their rights to it in Foreclosure?
The only thing we have that said that ever happened is this letter that just got here isn’t it Mr___?
You don’t really know any such assignment of interests to First Horizon ABS Trust 2007- HE1ever took place do you Mr___?
And you don’t know any such assignment of interests from First Horizon ABS Trust 2007- HE1to the Plaintiff ever took place either do you, even as of that late date June 1, 2013?
You don’t know any such thing do you? Denies.
How do you know it? What evidence do you have? There is no assignment and the note is endorsed in blank.
As I said, you should be looking in your own case for such things to make use of it. If there are questions about this we will try to answer,
Dr Weatherly
On another very important subject let me add something.
Most people don't understand this, but God was in Christ paying for all our sins on the cross and its over and done and finished and He's not angry with us about anything any more.
The Bible says, He is for us, not against us.
He died in our place to purchase us for Himself and if you'll give in to Him, there's nothing He won't be able to do in your life.
I know, I have been with Him for 41 years.
And when we finally leave this world, we'll live with Him forever,
if we belong to Him.
If you need to think about that or you have someone in mind that does, I'll be glad to talk with them. My number again was 214-230-0319. I just wanted you to know that.
Dr. Weatherly
